In re Foreclosure of a Deed of Trust executed by C and M Investments of High Point, Inc.

ARNOLD, Chief Judge.

Petitioner first argues that BSDC had no right to a release of the 28.68 acre tract in October of 1993 because it did not comply with the conditions precedent set forth in the release agreement. We disagree.

The applicable standard of review on appeal where, as here, the trial court sits without a jury, is whether competent evidence exists to support its findings of fact and whether the conclusions reached were proper in light of the findings. In re Norris, 65 N.C. App. 269, 275, 310 S.E.2d 25, 29 (1983), review denied, 310 N.C. 744, 315 S.E.2d 703 (1984).

A foreclosure sale…